{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/27-98.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/27-98.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/27-98.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/27-98.html"}],"law_id":73713,"edition_id":1,"section_id":73713,"structure_id":15291,"section_number":"27-98","catch_line":"Enforcement of Fire Prevention Code; appeals from decisions of local enforcing agencies; inspection of buildings","history":"1986, c. 429; 1994, c. 275; 2000, cc. 941, 1001; 2001, c. 570; 2004, c. 787; 2008, c. 499; 2010, c. 102; 2012, cc. 607, 635; 2025, c. 332.","full_text":"Any local government may enforce the Fire Prevention Code in its entirety or with respect only to those provisions of the Fire Prevention Code relating to open burning, fire lanes, fireworks, and hazardous materials. If a local governing body elects to enforce only those provisions of the Fire Prevention Code relating to open burning, it may do so in all or in any designated geographic areas of its jurisdiction. The State Fire Marshal shall also have the authority, in cooperation with any local governing body, to enforce the Code. The State Fire Marshal shall also have authority to enforce the Code in those jurisdictions in which the local governments do not enforce the Code and may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code in such jurisdictions. In addition, subject to the approval of the Board of Housing and Community Development, the State Fire Marshal may charge a fee to recover the actual cost of administering and enforcing the Code in jurisdictions for which he serves as the enforcement authority. No fee may be charged for the inspection of any school. The State Fire Marshal shall not charge a fee for the approval and administration of a permit issued pursuant to regulation L.107.11 of 13VAC5-52-70 for explosives, blasting agents, theatrical flame effects, and fireworks to fire departments as defined in \u00a7 27-6.1 and emergency medical services agencies as defined in 12VAC5-31-10 in localities with a total population of less than 10,000 as determined by the most recent federal decennial census by the United States Census Bureau. Any such fire departments or emergency medical services agencies shall still fully comply with the provisions of this chapter. The local governing body of any jurisdiction that enforces the Code may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code. Appeals concerning the application of the Code by the local enforcing agency shall first lie to a local board of appeals and then to the State Building Code Technical Review Board. Appeals from the application of the Code by the State Fire Marshal shall be made directly to the State Building Code Technical Review Board as provided in Article 2 (\u00a7 36-108 et seq.) of Chapter 6 of Title 36. Fees may be levied by the local governing body in order to defray the cost of such enforcement and appeals; however, for the City of Chesapeake no fee charged for the inspection of any place of religious worship designated as Assembly Group A-3 under the Fire Prevention Code shall exceed $50. For purposes of this section, “defray the cost” may include the fair and reasonable costs incurred for such enforcement during normal business hours, but shall not include overtime costs, unless conducted outside of the normal working hours established by the locality. A schedule of such costs shall be adopted by the local governing body in a local ordinance. A locality shall not charge an overtime rate for inspections conducted during the normal business hours established by the locality. Nothing herein shall be construed to prohibit a private entity from conducting such inspections, provided the private entity has been approved to perform such inspections in accordance with the written policy of the fire official for the locality. Any local fire code may provide for an appeal to a local board of appeals. If no local board of appeals exists, the State Building Code Technical Review Board shall hear appeals of any local fire code violation.","order_by":null,"text":{"0":{"id":265115,"text":"Any local government may enforce the Fire Prevention Code in its entirety or with respect only to those provisions of the Fire Prevention Code relating to open burning, fire lanes, fireworks, and hazardous materials. If a local governing body elects to enforce only those provisions of the Fire Prevention Code relating to open burning, it may do so in all or in any designated geographic areas of its jurisdiction. The State Fire Marshal shall also have the authority, in cooperation with any local governing body, to enforce the Code. The State Fire Marshal shall also have authority to enforce the Code in those jurisdictions in which the local governments do not enforce the Code and may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code in such jurisdictions. In addition, subject to the approval of the Board of Housing and Community Development, the State Fire Marshal may charge a fee to recover the actual cost of administering and enforcing the Code in jurisdictions for which he serves as the enforcement authority. No fee may be charged for the inspection of any school. The State Fire Marshal shall not charge a fee for the approval and administration of a permit issued pursuant to regulation L.107.11 of 13VAC5-52-70 for explosives, blasting agents, theatrical flame effects, and fireworks to fire departments as defined in \u00a7 27-6.1 and emergency medical services agencies as defined in 12VAC5-31-10 in localities with a total population of less than 10,000 as determined by the most recent federal decennial census by the United States Census Bureau. Any such fire departments or emergency medical services agencies shall still fully comply with the provisions of this chapter. The local governing body of any jurisdiction that enforces the Code may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code. Appeals concerning the application of the Code by the local enforcing agency shall first lie to a local board of appeals and then to the State Building Code Technical Review Board. Appeals from the application of the Code by the State Fire Marshal shall be made directly to the State Building Code Technical Review Board as provided in Article 2 (\u00a7 36-108 et seq.) of Chapter 6 of Title 36. Fees may be levied by the local governing body in order to defray the cost of such enforcement and appeals; however, for the City of Chesapeake no fee charged for the inspection of any place of religious worship designated as Assembly Group A-3 under the Fire Prevention Code shall exceed $50. For purposes of this section, “defray the cost” may include the fair and reasonable costs incurred for such enforcement during normal business hours, but shall not include overtime costs, unless conducted outside of the normal working hours established by the locality. A schedule of such costs shall be adopted by the local governing body in a local ordinance. A locality shall not charge an overtime rate for inspections conducted during the normal business hours established by the locality. Nothing herein shall be construed to prohibit a private entity from conducting such inspections, provided the private entity has been approved to perform such inspections in accordance with the written policy of the fire official for the locality. Any local fire code may provide for an appeal to a local board of appeals. If no local board of appeals exists, the State Building Code Technical Review Board shall hear appeals of any local fire code violation.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15291,"edition_id":1,"name":"Statewide Fire Prevention Code Act","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":13504,"metadata":{},"date_created":"2026-06-26 03:53:40","date_modified":"2026-06-26 03:53:40","permalink":{"id":190515,"object_type":"structure","relational_id":15291,"identifier":"9","token":"27\/9","url":"\/27\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13504,"edition_id":1,"name":"Fire Protection","identifier":"27","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":189965,"object_type":"structure","relational_id":13504,"identifier":"27","token":"27","url":"\/27\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84974,"structure_id":15291,"section_number":"27-100","catch_line":"Violation a misdemeanor","url":"\/27-100\/","token":"27\/9\/27-100","metadata":false},{"id":66307,"structure_id":15291,"section_number":"27-100.1","catch_line":"Seizure and destruction of certain fireworks","url":"\/27-100.1\/","token":"27\/9\/27-100.1","metadata":false},{"id":83983,"structure_id":15291,"section_number":"27-101","catch_line":"Injunction upon application","url":"\/27-101\/","token":"27\/9\/27-101","metadata":false},{"id":65870,"structure_id":15291,"section_number":"27-94","catch_line":"Short title","url":"\/27-94\/","token":"27\/9\/27-94","metadata":false},{"id":85367,"structure_id":15291,"section_number":"27-95","catch_line":"Definitions","url":"\/27-95\/","token":"27\/9\/27-95","metadata":false},{"id":66454,"structure_id":15291,"section_number":"27-96","catch_line":"Statewide standards","url":"\/27-96\/","token":"27\/9\/27-96","metadata":false},{"id":68566,"structure_id":15291,"section_number":"27-96.1","catch_line":"Chapter inapplicable to certain uses of fireworks","url":"\/27-96.1\/","token":"27\/9\/27-96.1","metadata":false},{"id":81709,"structure_id":15291,"section_number":"27-96.2","catch_line":"Exemptions generally","url":"\/27-96.2\/","token":"27\/9\/27-96.2","metadata":false},{"id":68330,"structure_id":15291,"section_number":"27-97","catch_line":"Adoption of Fire Prevention Code","url":"\/27-97\/","token":"27\/9\/27-97","metadata":false},{"id":58211,"structure_id":15291,"section_number":"27-97.1","catch_line":"Reports of stolen explosives","url":"\/27-97.1\/","token":"27\/9\/27-97.1","metadata":false},{"id":61409,"structure_id":15291,"section_number":"27-97.2","catch_line":" Issuance of permit; background investigations","url":"\/27-97.2\/","token":"27\/9\/27-97.2","metadata":false},{"id":73713,"structure_id":15291,"section_number":"27-98","catch_line":"Enforcement of Fire Prevention Code; appeals from decisions of local enforcing agencies; inspection of buildings","url":"\/27-98\/","token":"27\/9\/27-98","metadata":false},{"id":86839,"structure_id":15291,"section_number":"27-98.1","catch_line":"Inspections of buildings, structures, properties and premises","url":"\/27-98.1\/","token":"27\/9\/27-98.1","metadata":false},{"id":84932,"structure_id":15291,"section_number":"27-98.2","catch_line":"Issuance of warrant","url":"\/27-98.2\/","token":"27\/9\/27-98.2","metadata":false},{"id":87483,"structure_id":15291,"section_number":"27-98.3","catch_line":"Duration of warrant","url":"\/27-98.3\/","token":"27\/9\/27-98.3","metadata":false},{"id":58342,"structure_id":15291,"section_number":"27-98.4","catch_line":"Conduct of inspections, examinations, testing, or collection of samples","url":"\/27-98.4\/","token":"27\/9\/27-98.4","metadata":false},{"id":71112,"structure_id":15291,"section_number":"27-98.5","catch_line":"Review by courts","url":"\/27-98.5\/","token":"27\/9\/27-98.5","metadata":false},{"id":82703,"structure_id":15291,"section_number":"27-99","catch_line":"State buildings","url":"\/27-99\/","token":"27\/9\/27-99","metadata":false}],"previous_section":{"id":61409,"structure_id":15291,"section_number":"27-97.2","catch_line":" Issuance of permit; background investigations","url":"\/27-97.2\/","token":"27\/9\/27-97.2","metadata":false},"next_section":{"id":86839,"structure_id":15291,"section_number":"27-98.1","catch_line":"Inspections of buildings, structures, properties and premises","url":"\/27-98.1\/","token":"27\/9\/27-98.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/27-98\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 429 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 275<\/a>; in 2000, chapters 941<\/a> and 1001<\/a>; in 2001, chapter 570<\/a>; in 2004, chapter 787<\/a>; in 2008, chapter 499<\/a>; in 2010, chapter 102<\/a>; in 2012, chapters 607<\/a> and 635<\/a>; in 2025, chapter 332<\/a>.<\/p>","references":[{"id":77237,"section_number":"15.2-922.1","catch_line":"Regulating or prohibiting the making of fires","order_by":null,"url":"\/15.2-922.1\/"},{"id":82703,"section_number":"27-99","catch_line":"State buildings","order_by":null,"url":"\/27-99\/"}],"refers_to":[{"id":70855,"section_number":"27-6.1","catch_line":"Establishment of fire department; chief, officers, and employees","order_by":null,"url":"\/27-6.1\/"},{"id":73626,"section_number":"36-108","catch_line":"Board continued; members","order_by":null,"url":"\/36-108\/"}],"permalink":{"id":190561,"object_type":"law","relational_id":73713,"identifier":"27-98","token":"27\/9\/27-98","url":"\/27-98\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/27-98\/","token":"27\/9\/27-98","dublin_core":{"Title":"Enforcement of Fire Prevention Code; appeals from decisions of local enforcing agencies; inspection of buildings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 27-98","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any local government<\/span> may enforce the Fire Prevention Code<\/span> in its entirety or with respect only to those provisions of the Fire Prevention Code<\/span> relating to open burning, fire lanes, fireworks<\/span>, and hazardous materials<\/span>. If a local governing body elects to enforce only those provisions of the Fire Prevention Code<\/span> relating to open burning, it may do so in all or in any designated geographic areas of its jurisdiction<\/span>. The State Fire Marshal<\/span> shall also have the authority, in cooperation with any local governing body, to enforce the Code. The State Fire Marshal<\/span> shall also have authority to enforce the Code in those jurisdictions<\/span> in which the local governments<\/span> do not enforce the Code and may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code in such jurisdictions<\/span>. In addition, subject to the approval of the Board<\/span> of Housing and Community Development, the State Fire Marshal<\/span> may charge a fee to recover the actual cost of administering and enforcing the Code in jurisdictions<\/span> for which he serves as the enforcement authority. No fee may be charged for the inspection of any school. The State Fire Marshal<\/span> shall not charge a fee for the approval and administration of a permit issued pursuant to regulation L.107.11 of 13VAC5-52-70 for explosives, blasting agents, theatrical flame effects, and fireworks<\/span> to fire departments as defined in \u00a7 27-6.1<\/a> and emergency medical services agencies as defined in 12VAC5-31-10 in localities with a total population of less than 10,000 as determined by the most recent federal decennial census by the United States Census Bureau. Any such fire departments or emergency medical services agencies shall still fully comply with the provisions of this chapter. The local governing body of any jurisdiction<\/span> that enforces the Code may establish such procedures or requirements as may be necessary for the administration and enforcement of the Code. Appeals<\/span> concerning the application of the Code by the local enforcing agency shall first lie to a local board<\/span> of appeals<\/span> and then to the State Building Code Technical Review Board<\/span>. Appeals<\/span> from the application of the Code by the State Fire Marshal<\/span> shall be made directly to the State Building Code Technical Review Board<\/span> as provided in Article 2 (\u00a7 36-108<\/a> et seq.) of Chapter 6 of Title 36. Fees may be levied by the local governing body in order<\/span> to defray the cost of such enforcement and appeals<\/span>; however, for the City of Chesapeake no fee charged for the inspection of any place of religious worship designated as Assembly Group A-3 under the Fire Prevention Code<\/span> shall exceed $50. For purposes of this section, “defray the cost” may include the fair and reasonable costs incurred for such enforcement during normal business hours, but shall not include overtime costs, unless conducted outside of the normal working hours established by the locality. A schedule of such costs shall be adopted by the local governing body in a local ordinance<\/span>. A locality shall not charge an overtime rate for inspections conducted during the normal business hours established by the locality. Nothing herein shall be construed to prohibit a private entity from conducting such inspections, provided the private entity has been approved to perform such inspections in accordance with the written policy of the fire official for the locality. Any local fire code may provide for an appeal<\/span> to a local board<\/span> of appeals<\/span>. If no local board<\/span> of appeals<\/span> exists, the State Building Code Technical Review Board<\/span> shall hear appeals<\/span> of any local fire code violation.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT OF FIRE PREVENTION CODE; APPEALS FROM DECISIONS OF LOCAL ENFORCING\nAGENCIES; INSPECTION OF BUILDINGS (\u00a7 27-98)\n\nAny local government may enforce the Fire Prevention Code in its entirety or\nwith respect only to those provisions of the Fire Prevention Code relating to\nopen burning, fire lanes, fireworks, and hazardous materials. If a local\ngoverning body elects to enforce only those provisions of the Fire Prevention\nCode relating to open burning, it may do so in all or in any designated\ngeographic areas of its jurisdiction. The State Fire Marshal shall also have the\nauthority, in cooperation with any local governing body, to enforce the Code.\nThe State Fire Marshal shall also have authority to enforce the Code in those\njurisdictions in which the local governments do not enforce the Code and may\nestablish such procedures or requirements as may be necessary for the\nadministration and enforcement of the Code in such jurisdictions. In addition,\nsubject to the approval of the Board of Housing and Community Development, the\nState Fire Marshal may charge a fee to recover the actual cost of administering\nand enforcing the Code in jurisdictions for which he serves as the enforcement\nauthority. No fee may be charged for the inspection of any school. The State\nFire Marshal shall not charge a fee for the approval and administration of a\npermit issued pursuant to regulation L.107.11 of 13VAC5-52-70 for explosives,\nblasting agents, theatrical flame effects, and fireworks to fire departments as\ndefined in \u00a7 27-6.1 and emergency medical services agencies as defined in\n12VAC5-31-10 in localities with a total population of less than 10,000 as\ndetermined by the most recent federal decennial census by the United States\nCensus Bureau. Any such fire departments or emergency medical services agencies\nshall still fully comply with the provisions of this chapter. The local\ngoverning body of any jurisdiction that enforces the Code may establish such\nprocedures or requirements as may be necessary for the administration and\nenforcement of the Code. Appeals concerning the application of the Code by the\nlocal enforcing agency shall first lie to a local board of appeals and then to\nthe State Building Code Technical Review Board. Appeals from the application of\nthe Code by the State Fire Marshal shall be made directly to the State Building\nCode Technical Review Board as provided in Article 2 (\u00a7 36-108 et seq.) of\nChapter 6 of Title 36. Fees may be levied by the local governing body in order\nto defray the cost of such enforcement and appeals; however, for the City of\nChesapeake no fee charged for the inspection of any place of religious worship\ndesignated as Assembly Group A-3 under the Fire Prevention Code shall exceed\n$50. For purposes of this section, “defray the cost” may include the\nfair and reasonable costs incurred for such enforcement during normal business\nhours, but shall not include overtime costs, unless conducted outside of the\nnormal working hours established by the locality. A schedule of such costs shall\nbe adopted by the local governing body in a local ordinance. A locality shall\nnot charge an overtime rate for inspections conducted during the normal business\nhours established by the locality. Nothing herein shall be construed to prohibit\na private entity from conducting such inspections, provided the private entity\nhas been approved to perform such inspections in accordance with the written\npolicy of the fire official for the locality. Any local fire code may provide\nfor an appeal to a local board of appeals. If no local board of appeals exists,\nthe State Building Code Technical Review Board shall hear appeals of any local\nfire code violation.\n\nHISTORY: 1986, c. 429; 1994, c. 275; 2000, cc. 941, 1001; 2001, c. 570; 2004, c.\n787; 2008, c. 499; 2010, c. 102; 2012, cc. 607, 635; 2025, c. 332.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}